CENTRAL COALFIELDS LIMITED Vs. JHARKHAND MICRO, SMALL AND MEDIUM ENTERPRISES FACILITATION COUNCIL AND ORS.

JUDGEMENT

(1.) This application has been filed for quashing the order dated 17.10.2014 passed by Jharkhand Micro, Small and Medium Enterprises Facilitation Council, Ranchi (hereinafter referred as the 'Council') whereby and whereunder petitioner was directed to refund Security Money along with interest at the rate of three times of the bank rate fixed by the RBI. It is stated that the petitioner issued work order on 16.10.2001 in favour of respondent No. 2 for Overhauling of Air Blower for Batac Jig including supply of spares for the same at Kedla (W). In the work order, it was mentioned that the work must be completed within 15 days from the date of receipt of the same or from the date of handing -over the site to respondent No. 2. It is stated that respondent No. 2 completed the work after about one year of the stipulated period. Thereafter, petitioner paid all the contractual dues to the respondent No. 2 after deducting the penalty. It is stated that respondent No. 2 received the aforesaid amount without any objection.

(2.) It is further stated that the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred as the said Act) came into force w.e.f. 2.10.2006. The respondent No. 2 filed an application before the Council for the refund of penalty, security deposit and cash deducted from the bill of the respondent No. 2 in the year 2002. It appears that the aforesaid application, of the respondent No. 2, disposed of by the Council by the impugned order.

(3.) Sri A.K. Das, learned counsel appearing for the petitioner submits that since the aforesaid Act came into force with effect from 2.10.2006, therefore, the Council has no jurisdiction to adjudicate a dispute of the year 2002. Accordingly, Sri Das submits that the impugned order is without jurisdiction, thus, non est in the eyes of the law.